Zhen Pan v. Loretta E. Lynch

Good Law
667 F. App'x 274
United States Court of Appeals for the Ninth CircuitJune 24, 201614-70981California268 words

Opinion

Opinion

MEMORANDUM

Zhen Pan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies between Pan’s testimony and documentary evidence as to the date of her ultrasound examination and omissions of the neighborhood committee’s threats. See id. at 1048 (adverse credibility determination reasonable under the “totality of circumstances”). Pan’s explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Thus, in the absence of credible testimony, Pan’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156…

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